Legacy Estate Planning
Lasting Powers of Attorney
With Lasting Powers of Attorney in place, you can rest assured that any future issues will be dealt with swiftly.
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What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) ensures that the people you trust have the authority to make vital decisions on your behalf, should you ever lose the capacity to do so yourself. They replace the older Enduring Power of Attorney with two specialized documents tailored to your needs.
1. Lasting Power of Attorney (LPA) for Property and Financial Affairs
Gives authority to the appointed Attorney to handle property and financial matters for the Donor.
The powers extend to all finances:
Selling property belonging to the Donor (including the Donor’s home)
Buying property in the Donor’s name
Managing bank accounts and investments
Continuing to run their business
2. Lasting Power of Attorney (LPA) for Health & Welfare
Covers decisions relating to your social and healthcare needs. This can include where the Donor lives, how they are cared for, and what healthcare they receive.
Scope and Care Choices:
Covers life decisions like placing the Donor into a nursing home, general welfare choices, and crucially, the consent or refusal of consent to life-sustaining medical treatment.
The Health & Welfare LPA covers both the welfare of the Donor and the consent or refusal of consent to life sustaining treatment.
3. General Power of Attorney (GPA)
Allows the Attorney to make decisions and act in any matters relating to the Donor’s property and affairs immediately.
Key Exclusions & Warnings:
Unlike Lasting Powers, with a General Power of Attorney there is no scope for restricting the Attorney’s powers.
It does not cover making a Will, making gifts, or performing in the Donor’s role as a Personal Representative (administrator) or Trustee.
Critical Safeguards
Further Rulings on LPAs
Lasting Powers of Attorney operate under strict statutory frameworks to protect the Donor from fraud, misunderstandings, and duress.
Independent Certificate Provider
An LPA must contain a certificate completed by an independent person to confirm that the Donor understands the power and importance of the LPA, and is not creating the power under duress.
Specified Persons & Notification
Anyone the donor specifies can be notified of the registration of the LPA (up to 5 people). However, if there is no one designated to notify, then the Donor must have a second independent Certificate Provider.
Bankruptcy Status Restrictions
The attorney or replacement attorney chosen by the donor must not be a bankrupt. Bankruptcy imposes immediate legal restrictions on who is fit to act in managing assets and estates.
Specified Persons & Notification
Lasting Powers of Attorney have no legal standing until registered with the Public Guardian’s Office (OPG). They can be registered at any time (either before the Donor loses capacity, or when the Attorney believes this has happened). After registration, the Donor can continue to make decisions providing they still have the mental capacity to do so.
Revoking & Cancelling
When & How can the Powers be Dissolved?
Legal authority is not permanent. Understanding exactly how and when these different legal powers can be cancelled, revoked, or automatically dissolved is critical.
In all circumstances, the Donor can revoke or cancel the LPA, providing they have the mental capacity to do so.
Lasting Power of Attorney (LPA) Revocation:
Relationship Dissolution: If a spouse or civil partner is the Attorney or Donor, any subsequent dissolution or annulment of that relationship will automatically revoke the power.
Bankruptcy Revocation Differences: An LPA for Property and Affairs is immediately revoked if either the Attorney(s) or the Donor are declared bankrupt. However, a Health & Welfare LPA is not terminated by bankruptcy.
General Power of Attorney (GPA) Revocation:
Automatic Mental Capacity Revocation: A General Power of Attorney is effective immediately and remains in force until cancelled, or if either party dies or becomes bankrupt. Crucially, should the Donor become mentally incapable, the GPA is automatically revoked.
Immediate Cancellation Method: A GPA can be revoked simply at any time by either writing the word ‘cancelled’ across the physical document or simply tearing it up.
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